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Rhode Island House Bill H5726
Rhode Island 2023 Regular Session
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Rhode Island 2023 Regular Session

Rhode Island House Bill H5726

Introduced
2/17/23  

Caption

Joint Resolution Joint Resolution To Approve And Publish And Submit To The Electors A Proposition Of Amendment To The Constitution - Provisions Of State Constitution Declared To Be Presumptively Judicially Enforceable By Parties Allegedly Aggrieved By Violations Thereof (proposes To The Voters Of The State A Constitutional Amendment That The Provisions Of The State Constitution Are Presumptively Judicially Enforceable By Parties Allegedly Aggrieved By Violations Thereof.)

Impact

If enacted, this amendment would significantly impact how individuals engage with the legal system regarding constitutional rights in the state. By eliminating barriers such as the need for legislative action to pursue claims, it facilitates access to justice for aggrieved individuals. This also implies a stronger emphasis on the accountability of state actions and promotes a judicial system that is more responsive to violations of constitutional rights. The amendment appears to advocate for the empowerment of citizens in holding the state accountable for its constitutional obligations.

Summary

House Bill 5726 proposes a joint resolution to amend the state constitution to declare that provisions of the state constitution are presumptively judicially enforceable by parties that allege violations of those provisions. This means that individuals who feel aggrieved due to constitutional breaches could seek judicial remedies—such as damages, injunctions, and declaratory relief—directly from the courts without needing prior authorization or the creation of new legislative actions for their claims. The aim is to streamline the process for individuals seeking justice under the state's constitutional provisions, enhancing their ability to pursue legal recourse for violations.

Contention

While proponents of this amendment argue that it restores essential rights and simplifies the enforcement of constitutional provisions, there may be noteworthy concerns regarding its implications for state governance. Critics might voice that it places excessive power in the hands of individual litigants which could lead to over-litigation or challenges to legislative intent. Additionally, establishing presumptive enforceability may raise issues around judicial resources and the ability of courts to manage an increased volume of cases stemming from this amendment.

Latest RI H5726 Activity

View All Events: RI 2023 Regular Session H5726

Companion Bills

No companion bills found.

Previously Filed As

RI H7303

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF SUFFRAGE (Proposes to the voters of the state a constitutional amendment regarding eligibility to vote and to be a candidate.)

RI S2132

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF SUFFRAGE (Proposes to the voters of the state a constitutional amendment regarding eligibility to vote and to be a candidate.)

RI H5515

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF SUFFRAGE (Would propose to the voters of the state a constitutional amendment regarding eligibility to vote and to be a candidate.)

RI S0820

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF SUFFRAGE (Would propose to the voters of the state a constitutional amendment regarding eligibility to vote and to be a candidate.)

RI S3021

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF THE LEGISLATIVE POWER (Proposes a state constitutional amendment that no department or other entity created by the state would have poser to incur debt in excess of $ 50,000, without express approval from the legislature and voters.)

RI S0725

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF THE LEGISLATIVE POWER (Proposes a state constitutional amendment that no department or other entity created by the state would have poser to incur debt in excess of $ 50,000, without express approval from the legislature and voters.)

RI S2225

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- GREEN AMENDMENT (Proposes a constitutional amendment to Article 1 providing for a right to clean air, soil, climate, and the environment’s natural values.)

RI H5732

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION – GREEN AMENDMENT (Proposes a constitutional amendment to Article 1 providing for a right to clean air, soil, climate, and the environment’s natural values.)

RI S0327

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- GREEN AMENDMENT (Proposes a constitutional amendment to Article 1 providing for a right to clean air, soil, climate, and the environment’s natural values.)

RI H5386

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- JURY NULLIFICATION AS PROPER TRIAL DEFENSE ARGUMENT (This joint resolution would propose to the voters a constitutional amendment which would allow a criminal defendant to argue jury nullification as a defense.)

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